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WATER SUPPLY CONTRACT Cw12006 <br /> This Contract is made between the COLORADO RIVER WATER CONSERVATION <br /> DISTRICT (herein the "River District"), a political subdivision of the State of Colorado acting <br /> by and through its Colorado River Water Projects Enterprise,and OLDCASTLE SW GROUP, <br /> INC. d/b/a UNITED COMPANIES (herein "Contractor") effective as of the date of the River <br /> District's execution indicated below, <br /> RECITALS <br /> A. The River District is authorized to contract to deliver water for beneficial use <br /> from River District water projects pursuant to provisions of C.R.S. § 37-46-101, et seq. (herein <br /> "River District Organic Act"). <br /> B. The River District is the owner and operator of the Wolford Mountain Reservoir <br /> Project located on the Muddy Creek drainage near Kremmling, Colorado, having obtained <br /> necessary decrees from the District Court in and for Colorado Water Division No. 5 (herein <br /> "Water Court") and permits from governmental agencies, and the River District is entitled to <br /> deliveries of water from Ruedi Reservoir under its Contracts with the U.S. Bureau of <br /> Reclamation. <br /> C. The River District's Board of Directors has adopted a Water Marketing Policy, as <br /> revised by the Board from time to time, to provide for the use of water available from the River <br /> District's sources of supply pursuant to contracts, and that Water Marketing Policy is to be <br /> implemented through the River District's Water Projects Enterprise. <br /> D. Contractor has a need for wholesale water supply, demonstrated in its submittal to <br /> the River District pursuant to the Water Marketing Policy's contracting process, in the amount of <br /> 7.9 acre feet annually for municipal/industrial purposes, which beneficial uses will be <br /> accomplished by Contractor generally in the vicinity of the Debeque Sand and Gravel Resource <br /> in Mesa County, Colorado, by groundwater diversions from or within the Colorado River <br /> drainage. . <br /> E. Contractor is aware of the "Hydrology Assumptions" which are part of the Water <br /> Marketing Policy and is satisfied, based on its review and investigations, that Contractor legally <br /> and physically can make use for its intended purposes of the Contracted Water, which are the <br /> subject of this Contract and that such use will comply with the Water Marketing Policy. <br /> AGREEMENT <br /> The foregoing Recitals are incorporated into this agreement between the River District <br /> and Contractor. <br /> DEFINITIONS <br /> In this Contract certain terms will have definitions as stated below: <br />